JSC advertises vacancies for Judges, Magistrates

Oct 19, 2023 News

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Kaieteur News – The Judicial Service Commission (JSC) has advertised vacancies for several posts to be filled with the judiciary.

The vacant positions include those of magistrates, puisne judges, and for a Commissioner of Title/ Land Court Judge within the local court system.

The vacancies have been advertised in the print media this week, months after the JSC was threatened with a lawsuit by members of civil society for failing to advertise the vacancies.

With regard to the vacant for puisne judges, the JSC is inviting attorneys with at least seven years of experience practicing law in Guyana or within the Commonwealth jurisdiction.

Additionally, any person who has been a judge of a court of unlimited jurisdiction in civil and criminal matters is also invited to apply to fill the position of a judge.

As it relates to the magistrate post, the applicants must be suitably qualified for appointment to the position and the successful applicants will serve in the ten administrative regions.

The vacancy noted that applicants must have at least five years of practice as an attorney-at-law in the local courts or a court of similar jurisdiction within any Commonwealth country.

The notices went to state that all applicants are expected to possess a high level of integrity and if successful, they are expected to subscribe to the Supreme Court of Judicature’s code of conduct.

In response to the JSC’s advertisement, Attorney General Anil Nandlall, SC issued a statement in which he welcomed the development.

He said the initiative is in keeping with the canons of transparency, the Latimer House Guidelines and international best practices by which the judiciary ought to consider itself bound.

He said, “It is hoped that these advertisements are also published extra-territorially so that they attract suitably qualified persons locally, from the Caribbean Region, as well as the wider Commonwealth in order to facilitate the recruitment of persons of the highest possible calibre.”

Meanwhile, Nandlall noted that there are also vacant judicial posts within the Court of Appeal. To this end he said, “It is observed that vacancies for appointments to the Court of Appeal are not the subject of these advertisements. In light of the amendments recently made to the Court of Appeal Act, increasing the complement of judges in that Court from five to nine, there are vacancies in that Court as well. It is expected that these vacancies will be advertised shortly as well.”

Last July, questions had been raised as to how the new JSC would go about filling the vacancies in the magistracy and the judiciary and there had been calls for those posts to be advertised as opposed to relying on the traditional system of inviting persons to fill these on the basis of their known qualities. Critics have deemed that system of filling the posts as purely subjective and not transparent.

The JSC was sent a letter by Attorney-at-Law CV Satram, acting on behalf of Attorney-at-Law Arud Gossai and civil rights advocate, Ramon Gaskin. In that letter, Satram warned that his clients wanted to ensure compliance with the Constitution of Guyana was regards judicial appointments.

“The Commission may be aware that its decisions are subject to Judicial Review. This means that in the exercise of any discretion, the Commission must act reasonably, rationally and fairly,” Satram said in his letter.

“We are aware of the practice, rooted in the traditions of England, whereby the Head of the Judiciary would invite suitably qualified persons to join the Judiciary. This practice is not consistent with our Constitution, particularly Article 129 thereof.”

According to Satram, Article 129 of the Constitution of Guyana stipulates that “all persons qualified for admission as Attorneys-at-Law in Guyana are eligible to be appointed as a Judge.” He went on to urge the Commission to advertise the posts within Guyana, the wider Caribbean and the Commonwealth, to fill all vacancies for Judges.

“It would amount to a gross violation of the Constitution for the Commission by its conduct to limit the number of applicants for any vacancy of Judge. The provisions of the Constitution and good administration and transparency dictate that all persons eligible for appointment should have an opportunity to be considered for the position,” the lawyer said.

“Unless the vacancies are advertised, the Commission can never be properly satisfied that it has attracted the most suitably qualified candidates. Every person who meets the requirements specified in Article 129 of the Constitution and section 5 of the High Court Act enjoys a right to apply for, and be considered for, appointment. The Commission has no power to curtail this right.”

The letter noted that the position of Judge is a public position, and thus must be treated with the utmost transparency, with an emphasis on attracting competent candidates who are capable of delivering written judgments within the time limits.

In fact, Satram urged that the criteria that would be used to appoint judges, as well as the list of potential appointees, should be publicized.

“The appointments must be done on the basis of objective criteria. Our clients demand that the criteria which the Commission intends to utilize, should be made public in the interest of transparency. The Commission ought to be aware that its decisions will impact thousands of litigants and potential litigants who will not be consulted in the appointment process. As a result, the Commission has a heightened duty of transparency and accountability in any appointment process it embarks upon or employs,” Satram emphasized in the letter.

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• Commissioner of Title, judges, Judicial Service Commission (JSC), Land Court Judge, Magistrates

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